J-K statehood: SC refuses to advance date of hearing, says it’s already listed on Oct 10

Noting that it’s already listed on October 10, the Supreme Court on Monday refused to advance the date of hearing on petitions seeking restoration of statehood to Jammu and Kashmir.

“It is listed already on October 10…We are in the midst of a Constitution Bench hearing (on a Presidential Reference on fixing timelines for Governors and the President for assent to state bills),” Chief Justice of India BR Gavai said after a lawyer mentioned the matter for early listing.

“I am seeking early listing of a contempt petition relating to abrogation of Article 370. Statehood was to be granted to Jammu and Kashmir,” the lawyer told the Bench.

The Supreme Court on August 14 asked the Centre to respond to petitions seeking directions to the Centre to restore statehood to Jammu and Kashmir even as it noted that the April 22 Pahalgam terrorist attack in which 28 innocent tourists were killed can’t be ignored.

Acting on a petition filed by college teacher Zahoor Ahmed Bhat and activist Khurshid Ahmad Malik, the CJI-led Bencj had issued notice to the Centre and posted it for hearing after eight weeks. It issued notice on another petition filed by one Irfan Hafiz Lone on the issue.

Solicitor General Tushar Mehta had said there were "several considerations which go into the decision-making process".

The BJP-led Government at the Centre has already said it would restore statehood to Jammu and Kashmir.

The petitioners, however, submitted that “The delay in restoration of statehood would cause serious reduction of democratically elected government in Jammu and Kashmir causing grave violation of the idea of federalism which forms part of the basic structure of the Constitution of India.”

Contending that Assembly election results in the Union Territory of Jammu and Kashmir would be meaningless without restoration of statehood; Bhat and Malik had filed a petition in the Supreme Court in October 2024 seeking restoration of its statehood in two months.

In its December 11, 2023 historic verdict, the Supreme Court upheld the Centre’s August 5, 2019, decision to abrogate provisions of Article 370 of the Constitution that gave special status to the erstwhile state of Jammu and Kashmir and said “restoration of statehood shall take place at the earliest”.

A five-judge Constitution Bench led by CJI DY Chandrachud (since retired) had unanimously directed the Election Commission to hold elections in Jammu and Kashmir by September 30, 2024, without waiting for restoration of statehood. The elections were conducted in September-October 2024.

While upholding creation of Ladakh as a separate Union Territory in view of security reasons, the top court had left open the legal question as to whether Parliament can completely convert a state into a union territory as opposed to carving out a union territory from a state in view of Solicitor General Tushar Mehta’s statement that the Centre would restore statehood to Jammu and Kashmir. The Supreme Court had in May 2024 dismissed petitions seeking review of its December 11, 2023, verdict.